Development Agreement - 2023 - Soaring Feather Subdivision - 5/18/2023Recording Requested By and
When Recorded Return to:
City- of Eagle
660 E. Civic Lane
P.0, Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=27 VICTORIA BAILEY
CITY OF EAGLE, IDAHO
DEVELOPMENT AGREEMENT
2023-029165
05/22/2023 11:04 AM
NO FEE
For Recording Purposes Do
Not Write Above This Line
This Development Agreement, made and entered into on the date as indicated herein, by and
between the CITY OF EAGLE, a municipal corporation in the State of Idaho ("City"), bv and through its
Mayor, and Little Feather Eagle LLC- ("Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County
parcel -Nos, S0401234150 (Property"), as specifically defined in the attached legal descriptions (Exhibit
A) which is the subject of an application for Rezone identified as Rezone Application No, RZ-17-21
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural -Urban Transition - Ada County designation); and
WHEREAS, the Owner desires a R-2-DA-P (Residential with a development agreement - PUD)
and R-E (Residential Estates) zoning classification to develop a residential use on the above described
property, which is herein referred to as the "Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of any residential development upon the Property must be limited with the use
of a development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing
co m un ity; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and
enjoyment of the Property while at the same time limiting any adverse impacts of the development upon
neighboring properties and the existing community and ensuring the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to a R-2-DA-P (Residential with a development
agreement - PUD) and R-E (Residential -Estates) zoning designation for the Propeity with the requirements
set forth in this Development Agreement; and
WHEREAS, the Owner has provided City with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit B) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by
sante; and
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WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
.e.
AGREEMENT
In consideration of the mutual covenants contained herein, the parties agreed as follows:
ARTICLE
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE 11
ZONING ORDINANCE AMENDMENT
The City will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the R-2-DA-P (Residential with a development agreement - PUD) and R--E
(Residential -Estates) zoning designation, after recordation of: and subject to the provisions of this
Development Agreement. The ordinance will become effective after its passage, approval, and
publication and the execution and recordation of this Development Agreement.
3,1
3.4
_ARTICLE ill
CONDITIONS ON DEVELOPMENT
The maxirnum density for the Property shall be 1,65 dwelling units per acre (28 single family
lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, andlor any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement,
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan, notice shall he provided as may he
required by the City.
The conditions, covenants and restrictions for the Property shall contain at least the following:
(a)
An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fences shown, and amenities. The
owner shall provide an operation and maintenance manual including the funding
mechanism as an addendum to the CC&Rs and the repair and maintenance requirement
shall run with the land and that the requirement cannot be modified and that the
homeowners association or other entity cannot be dissolved without the express consent
of the City.
(b) A requirement for all fencing to be installed as shown on the Fencing Plan approved by
the Design Review Board.
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(c) A maintenance manual for the streetlight(s) requiring that the association shall have the
duty to maintain and operate the light fixtures including the repair and replacement of the
fixture, any associated electrical supply, and light bulbs, in perpetuity.
A requirement that in the event any of the CC&Rs are less restrictive than any
government rules, regulations or ordinances, then the more restrictive government rule,
regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations,
laws and ordinances of all applicable government bodies. in the event a governmental
rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in
such event that portion shall be deemed to be amended to comply with the applicable
rule, regulation, law or ordinance.
3.5 Owrier shall place a 4',x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-
way and remain clearly visible from the roadway.
3.6 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house (if proposed). 4) landscape screening details of the irrigation pump house
(if proposed), 5) useable amenities such as picnic tables. covered shelters, benches, playground
equipment, gazebos, and/or similar amenities, 6) all proposed fencing throughout the
development, and 7) street lights. The design review application shall be reviewed and approved
by the Eagle Design Review Board and City Council prior to the submittal of a final plat
application.
3.7 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property,' has been annexed into the Eagle Sewer District's service boundaries prior to the
submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer
District's regulations and conditions prior to the submittal of a final plat application. Prior to
issuance of any building penuits, Owner shall provide proof of central sewer service to the
proposed residential use.
3.8 All living trees shall be preserved, unless otherwise determined by the City Council upon
recommendation by the Design Review Board. A detailed landscape plan showing how the trees
will he integrated into the open space areas (unless approved for removal and mitigation) shall be
provided for Design Review Board approval prior to the submittal of a final plat application.
3.9 Owner shall construct the neighborhood amenities (pedestrian pathways and benches) at the
locations shown on the Concept Plan (Exhibit C) prior to the signing of the first final plat.
3.10 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit D.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&R.s. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&Rs and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the
development shall. be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
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To assure compliance with the conditions of approval herein, the City reserves the right to deny.
at its discretion, any building permit application that does not substantially conform to the design
requirements as shown on Exhibit D. If a building permit is denied, the applicant shall have the
right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section
8-7-4-1.
3.11 Owner shall not file a protest with the Idaho Department of Water Resources against the City of
Eagle regarding water rights application(s) for the construction of any municipal wells located
within the City of Eagle water service area. Owner shall not apply for additional ground water
rights associated with the Property irrigation system.
3.12 The applicant shall be required to comply with the Eagle Parks, Pathways. arid Recreation
Commission's pathway recommendations (Exhibit E), as identified in the Trails and Pathway
Superintendent's memo, dated March 17, 2022.
3.13 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit F) to be followed by any vehicle or
equipment over 8000 GVWR.. The plan shall show all designated routes and hours of operation.
The heavy truck traffic routes shall maximize use of highways and major arterials while
ininimizing use of smaller residential streets. The plan will also cite that compression braking is
prohibited everywhere in Ada County.
Owner is responsible for communicating the approved plan to all sub -contractors and for
monitoring compliance.
3,11 Existing structures on Lots 4 and 15 of Blockt, may f emain in place. Ali other existing structures
shall be removed prior to the City Clerk signing the final plat.
3.15 The applicant shall provide a revised preliminary plat and planned unit development plan which
shows a sewer line easement across the northwest corner of the subdivision connecting to
Callaway Ranch Subdivision. The instrument number for the recorded easement agreement shall
be placed on the plat prior to recordation.
3.16 The pond easement within Lot 15 may be reduced to 10 feet in width to accommodate the
existing residence.
3,1 7 The applicant may maintain the existing commercial equestrian center, including horse stables
and boarding facilities. Any new structures or expansion of the use will require a modification of
their Conditional Use Permit (CU-11-21).
3.18 The applicant shall participate in the City's Conservation Education Program and shall provide
CC&Rs with language describing how the 1-IOA will collect and remit the funds to the City at the
time of submittal for their final plat application.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein agrees
to subject the Property to this Development Agreement (Exhibit B) and be bound thereby and comply
with and be bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 shall be provided and is incorporated herein by reference.
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ARTICLE V
DEFAULT
5.1 In the event the Owners fail to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from City, City shall have the right, without prejudice to any
other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development
Agreement following the process established in Eagle City Code Section 8-10-1.
5.2 If required to proceed in a court of taw or equity to enforce any provision of this Development
Agreetneut, City shall be entitled to recover all direct out-of-pocket costs so incurred to cure or
enjoin such default and to enforce the commitments contained in this Development Agreement,
including attorneys' fees and court costs.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an
A-R (Agricultural -Residential) zoning designation until City enacts and records an ordinance
changing the property to the A-R (Agricultural -Residential) zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this
Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instillment shall nevertheless remain in full force and effect and that
portion determined to be invalid or unentbreeable shall be re -negotiated in good faith between Owner(s)
(or other appropriate party) and City.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. Each commitment and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land. This Development Agreement shall be
binding on Owner, and its respective heirs, administrators, executors, agents, legal representatives,
successors, and assigns; provided, however, that if all or any portion of the development is sold, the
sellers shall thereupon be released and discharged from any and all obligations in connection with the
property sold arising under this Agreement. The new owner of the Properly or any portion thereof
(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1.
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8.2 Paragraph Headings, This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are fur convenience only and
shall not constitute a portion of this Development Agreement. As used in this Development
Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be
deemed to include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of
the State of Idaho in effect at the tine of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall he brought in a court of competent
jurisdiction located in Ada County, Idaho,
8.4 Legal Representation. Both the Owner and City acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may
be given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to
the party to whom the notice is directed at the address of such party set forth below;
City:
Owner:
City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Little Feather Eagle LLC
2775 W. Navigator Dr, Ste, 110
Meridian, ID 83642
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after
deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24)
hours after timely deposit with a reputable overnight delivery service.
8.6 Financial Assurance. in addition to the other remedies afforded City herein, Owner agrees to
provide adequate financial assurance to City, to secure the payment of any deferred balance of the
attorney fees and the engineering fees, together with interest accrued thereon. City shall provide to the
Owner an estimate for the anticipated attorney fees and engineering fees associated with this
Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the
estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter,
City shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make
payments for such fees as incurred by City and as invoiced to the Owner or, if Owner has made a cash
deposit with City, City may draw on the deposit to pay its invoice. If the financial assurance deposited
by Owner is in the form of a letter of credit, and if the Owner fails to make payment for such fees when
actually incurred by City and invoiced, then following thirty (30) days of written notice of such failure
from City, City may draw upon the financial assurance provided by the Owner. Thereafter, if the then
current estimated fees still to be paid exceeds the amount of the then current balance of the financial
assurance (whether it be in the form of a cash deposit or a letter of credit), the Os,vner shall replenish the
financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of
all attorney fees and engineering fees, City shall release to the Owner the unused portion of the cash
deposit or the letter of credit, as applicable. City 's draw upon the financial assurance under this Section
shall not preclude it from exercising any of the other rights and remedies afforded it in Article V or in
Section 8.7.
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8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any' material
respect, the City tnay, without further notice to OWEler, exercise any or all of the following
remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure
located within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project
and record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected
pursuant to Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief, specific performance or any other remedy
available at law or in equ
An of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately, at the sole discretion of the City.
8.8 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall be
entitled to recover reasonable attorney's fees in addition to other relief which a court of competent
jurisdiction may award.
8.9 Effective. Date. This Development Agreement shall be effective upon the signing and execution of
this agreement by both parties,
8.10 Authority to Enter Into Agreement: By the execution and delivery of this Agreetnent by the parties,
and the performance of their covenants and obligations therein, the parties acknowledge such action
has been duly authorized by all necessary. corporate (or LLC) action, and necessary corporate (or
LLC) resolution(s) have been executed for the undersigned representatives to sign this Agreement
and so bind their respective parties.
8.11 Termination: If the Property is not developed as conditioned herein, this agreement shall terminate
5-years after the Effective Date.
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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this /� day of „e;it; 2023
A7TEST]
: C erk
STATE OF IDAHO )
: ss.
County of Ada )
CITY OF EAGLE, a municipal corporation organized
and existing under the ,s of the State of Idaho
e. Mayor
'•nigukg0U11:6'
On this day of Pi\4 in the year 2023, before me, the undersigned, a Notary
Public in and for said State, person, lly appeared JASON FIERCE, known to me to he the MAYOR of
said municipal corporation that executed this instrument and the persons who executed the said
instrument on behalf of said corporation, and acknowledged to me that such corporation executed the
same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first
written.
Notai
Residing at:
My Commission Expires:
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STATE OF IDAHO
ss.
County of Ada )
By:
TriTwkes, TA. imager
On this i3 day of Mok , 2023, before the undersigned notary public in and for
the said state, personally appeared T AVIS HAWKES, known and identified to me to be the Manager of
Little Feather Eagle LLC, known or identified to me to be the owners of the property referenced herein
and the persons who executed the foregoing instrument.
written.
fN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
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INDEX OF EXHIBITS
A Legal Description
Affidavit of Owner
Concept Plan
Building Elevations
Parks, Pathway, and Recreation Commission Recommendation
F Heavy Truck Traffic Plan
Page 9 of 9
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Exhibit A"
DESCRIPTION FOR
SOARING FEATHER RANCH SUBDIVISION
CITY OF EAGLE ZONE R-2
A parcel of land located in the S1/2 of the NW1/4 of Section 1, T.4N., R.1W.,
BM., Ada County, Idaho more particularly described as follows:
Commencing at a the W1/4 corner of said Section 1 from which the NW1/4 of
said Section 1 bears North 00°5400" East, 2,686.49 feet;
thence along the East-West centerline of said Section 1 and the North
boundary line of Bellaterra Subdivision as filed in Book 99 of Plats at Pages 12649
through 12652, records of Ada County, Idaho South 89'0520" East, 660.00 feet to the
REAL POINT OF BEGINNING;
thence leaving said East-West centerline of said Section 1 North 00°54'00"
East, 393.10 feet;
thence South 8906'00" East, 169.26 feet;
thence 59.45 feet along the arc of a non -tangent curve to the right, said curve
having a radius of 53.00 feet, a central angle of 64°16'20" and a long chord which
bears North 88°10'17" East, 56,38 feet;
thence North 00°55'47" East, 74,93 feet;
thence North 13°40'10" East, 175.61 feet;
thence South 89°04'13" East, 773.12 feet;
thence South 00°5349" West, 641.78 feet to a point on said East-West
centerline of said Section 1, said point also being on the North boundary line of
Obsidian Subdivision as filed in Book 103 of Plats at Pages 13747 through 13749,
records of Ada County, Idaho;
thence along the North boundary line of said Obsidian Subdivision and the
North boundary line of said Bellaterra Subdivision North 89°05'20" West, 1,037.59 feet
to the REAL POINT OF BEGINNING.. Containing 13.93 acres, more or less,
DESCRIPTION FOR
SOARING FEATHER RANCH SUBDIVISION
CITY OF EAGLE ZONE oe
A parcel of land located in the S1/2 of the NW1/4 of Section 1, T.4N., R.1W.,
B.M., Ada County, Idaho more particularly described as follows:
Commencing at a the W1/4 corner of said Section 1 from which the NW1/4 of
said Section 1 bears North 00°54'00" East, 2,686.49 feet;
thence along the East-West centerline of said Section 1 and the North
boundary line of Bellaterra Subdivision as filed in Book 99 of Plats at Pages 12649
through 12652, records of Ada County, Idaho South 89°05'20" East, 660.00 feet;
thence leaving said East-West centerline of said Section 1 North 00°5400"
East, 393,10 feet to the REAL'POINT OF BEGINNING;
thence continuing along said East-West centerline North 00'54'00" East,
530.90 feet to the SW comer of Callaway Ranch Subdivision as filed in Book 82 of
Plats at Pages 9054 through 9057, records of Ada County, Idaho;
thence along the South boundary line of said Callaway Ranch Subdivision
South 89°0523" East, 264.70 feet;
thence leaving said South boundary line South 00°5713" West, 281.97 feet;
thence South 13°40'10" West, 175,61 feet;
thence South 00°55'47" West, 74.93 feet;
thence 59.45 feet along the arc of a non -tangent curve to the left, said curve
having a radius of 53.00 feet, a central angle of 64°1620" and a long chord which
bears South 88°10'17" West, 56.38 feet;
thence North 89°0600" West, 169.26 feet to the REAL POINT OF
BEGINNING. Containing 3.07 acres, more or less.
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Exhibit "B"
Affidavit of Travis Hawkes on behalf of Little Feather Eagle, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
Comity of Ada
Travis Hawkes, who being first duly sworn under oath, deposes and says:
1. I am Travis Ifawkes, who is the Manager of Little Feather Eagle, LLC., whose mailing
address is 25.12 PI/Navigator Dr, #300 Meridian, ID 83642 ("Company or LIA7),
2. Little Feather Eagle LLC is the fee simple owner of the parcel of real property described
on Exhibit 1, attached hereto (the "Property").
3. Little Feather Eagle, LLC authorizes the submission of the Property to certain
Development Agreement dated the 9 day of May , 2023 pursuant to the provisions set
forth in Idaho Code Section 67-6511A and Eagle City Code Section 3-10-1. by and between the City of
Eagle, a municipal corporation in the State of Idaho, and Travis Ilawkes, Little Feather Eagle, LLC (the
-Agreement").
DATED this 9 day of May .2023.
Little Feather Eagle, LLC
Travis Hav,'kes, Manage
SUBSCRIBED AND SWORN to before the this 1 day of iW , 2023.
aktatlio Aticrvn
Ccele-4's,*,rs 4 F.1.417!?
NOTARY PLIK.tc
STATE OF ;LI.10-tz'3
MY COlvi1(SSV04rRc2s
Notary
Residing a.
My Commission expires
Idaho
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EXHIBIT "D"
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EXHIBIT "E"
ROO
INTER
OFFICE
City of Eagle
Planning and Zoning Administration
To:
From:
Subject:
Date:
Attach m en t(s):
Copy To:
Cortunissioners.,
`r I
•
Planning and Zoning COMmissioners
Steve Noyes, Trails and Pathways Superintendent _
-
Parks, Pathways and Recreation Commission Pathway
Recommendations — A- 1-2 I iRZ-17-21/CU-11-21/PPUD-08-21/PP-18-21 --
Soaring Feather Ranch Subdivision
3/17/22
None
Katie Miller, Bill Vaughan, Morgan Bessaw
Soaring Feather Ranch Subdivision, represented by Sheridan Hodson, is requesting an annexation and
rezone a 32-1ot (23-single family, 3-common, and 1-commercial) subdivision. The 17-acre site is located
approximately 2,000 feet south of Beacon Light Road between Linder Road and Park Lane. The proposed
design features Community Trails in pleasant common areas, and the opportunity to continue the
Marathon pipeline trail alignment from Bellaterra.
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On 3/17/22, the City of Eagle Parks, Pathways and Recreation Commission voted unanimously to
recommend approval of this item with site conditions for approval as shown herein.
1. PATHWAYS:
a. The following list also refers to callouts in FIGURE 1:
A The developer shall provide 6-foot-wide concrete pathways built to the
ACTID Standard for Sidewalks in the alignments shown in GREEN in FIGURE 1.
B — This pathway connection shall be pathways built to the City ACITD Standard
for Sidewalks may be constructed using a land bridge, conventional bridge, or any
engineered variation subject to City approval.
C = 'The developer shall provide 8-foot-wide concrete pathway built to the City
Standard for Community Pathways in the alignment shown in Y EL LOW in FIGURE
1.
D — The developer shall provide 10-foot-wide concrete pathway built to the City
Standard for Regional Pathways in the alignment shown in ORANGE in FIGURE 1.
The western end of this pathway shall terminate in a cul-de-sac design as specified in
the City Construction Standard.
NOTE: this above addition to the Bellaterra pathway will allow connection tojitture
development on the Marathon Pipeline easement.
E = The developer shall provide dog bag dispensers/waste receptacles in these
general locations, The dispensers and waste receptacles are to he constructed using
the following components unless otherwise approved by the City:
Doggie Waste Bag Dispens
Waxie Item 4701601
Manufacturer Item: D003-WA X
Link to This !tern on Waxie Website.
Doggie Waste Bags (Black 10/200):
Waxie Item: 7Y-70 1600
Manufacturer Item: D001-10-W
Link to This Item on Waxie Websiie
1 1):
Signpost: Common 2 3/8-inch diameter galvanized steel erected in a concrete base, using 2
(ea.) brackets or equivalent:
Link. . to . ILCiampiSilountiniz Hardware Example
Dispenser construction: Signpost to be erected in concrete base. Bottom of the dispenser shall
he 42-inches from finished grade and the post centered 3-feet from the main pathway tread
edge.
Trash Receptacles: Belson P-32 32 Gallon Housing (green in color), whh a P-32S Dome Top
Link to Trash Receptacle
b. Curb ramps where pathways meet roadways shall be provided where they are permitted
by ACHD.
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c. All connections to pathways, sidewalks or roadways are to be radiused a minimum of 8-
feet and connected to adjacent pathways as required by the City.
FIGURE I
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2. PUBLIC ACCESS EASEMENTS:
a. The following list refers to calle.uts in FIGURE 1:
A, B, C, and D — The developer shall provide a public access easements 25-feet
in width in favor of the City of Eagle, with a minimum 4-foot margin on each side of
pathway tread within any part of the easement where possible for the alignments
shown in FIGURE I.
NOTE on Location D: if the applicant provides evidence showing any exclusive
easement or legal right of any party that would preclude the granting of a public
access easement in the same location, then this condition shall be considered
satisfied, lithe pathway extension footprint overlaps a non-exclusive easement held
by Marathon Pipe Line, LLC, the City would be responsible for any impacts Eo the
pathway that result from Marathon Pipeline maintenance operations.
Easement provision language for "D" shall include the following: The CIO) of Eagle
may construct, connect, or continue within this easement, public pathways as part of
future system expansion, and may authorkte staff contractors, or neighboring
developers to facilitate such improvements within this easement from any boundary
to another public pathway easement or easements, or to parcels included in any
public access agreement.
Ali improvements made to area "D" may only be completed with the written
approval of the Marathon Pipe Line, LLC.
b. Public access easements and a survey depicting the location of this pathway within the
easement must be submitted to the City, prior to the City Clerk signing of the final plat.
3. CONSTRUCTION *FIMING:
a. The pathway shall be constructed, and a survey depicting the location of this pathway
within the easements must be submitted to the City, prior to the City Clerk signing of the
final plat for each phase,
4. MAINTENANCE:
a. the developer and future homeowners association shall provide
maintenance of pathways A, 13, and C in perpetuity.
b. The City shall maintain pathway D (and any extension of pathway D) in perpetuity.
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5, LIABILITY (information only): Idaho Code 36-1604 provides limitation of liability of
Landowners. The purpose of this code is to encourage owners of land to make land, airstrips, and
water areas available to the public without charge for recreational purposes by limiting the
owner's liability toward persons entering the owner's land for recreational purposes. Some of the
benefits of this law are:
• Owner is Exempt from Warning. An owner of land owes no duty of care to keep the land
safe for entry by others for recreational purposes, or to give any warning of a dangerous
condition, use, structure, or activity on such land to persons entering for such purposes,
Owner Assumes No Liability. An owner of land or equipment who either directly or
indirectly invites or permits without charge any person to use such property for
recreational purposes.
• User is Liable for Damages. Any person using the land of another for recreational
purposes, with or without permission. shall be iiable for any damage to land, properly.
• As the Grantee of a public access easement, the City of Eagle is also protected. In this
Code "landowner" is defined as a possessor of a fee interest, right-of-way. or easement, a.
tenant, lessee, licensee, occupant, operator, permit holder, or person in control of, or with
a right or duty to maintain, the land.
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6. SIGNAGE:
Wit all public access easements, the City shall reserve the right 10 display signage.
(See examples in FIGURE 2)
b. The physical form including materials, placement, and message of any signage that the
developer or HGA wishes to display within public access easement(s) must be approved
in writing by the City.
REQUIRED
CITY CODES
43 1 & 43.2
FIGURE 2
END OF PPRC RECOMMENDATION
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